Home Uncategorized Is it valid to sign a contract with a customer online?

Is it valid to sign a contract with a customer online?

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is the contract signed online effective? In fact, signing a contract online can be determined to have legal effect as long as it solves the following three problems:

first, solve the problem of identity authentication

confirm that the subject of signing a contract online through the Internet must be “a person with full civil capacity”, not a dog, or a mental patient, a minor or the dead, otherwise the contract will not be established

in order to solve this problem, the method greatly carries out real name identity authentication for users: face biotechnology recognition, bank card elements and other multiple technical means of real name authentication to ensure that the electronic signature issued is owned by a specially assigned person; At the same time, set up encrypted login and reserve mobile phone random dynamic password to ensure that the signing behavior is controlled by the signer

Second, solve the problem that the contract signed online is not or will not be tampered with

because both parties can only perform those terms when signing the contract, and the terms modified unilaterally without the consent of the other party cannot bind the other party. In order to solve this problem, the law greatly uses the CA certificate issued by the national authority to ensure the uniqueness of the certificate fingerprint, invalidate the tampering and identify the authenticity and validity of the signature

Third, it is very important to solve the problem of the carrier of the contract

whether the contract can be realistically presented, for example, in what way: the process in which the parties click the button to confirm the registration agreement, the way of video or picture. Because the paper electronic contract will not have “click” operation

How can an online contract be valid

according to the provisions of the contract law and the online conclusion process specification of electronic contracts issued by the Ministry of Commerce, a legal and effective electronic contract refers to a data message formed by the contracting parties through a third-party electronic signing platform and reliable electronic signature technology on the Internet. The electronic signature that meets the three conditions of locking the real identity of the signing subject, effectively preventing file tampering and accurately recording the signing time can be called a reliable electronic signature

it can be seen that electronic contracts signed through a reliable third-party electronic signing platform have legal effect. In addition, the electronic contract can be signed directly online without express delivery or face-to-face signing. It only takes a few simple steps. A legal and effective electronic contract can be easily signed in one minute, which greatly improves the signing efficiency and saves the signing cost

not all electronic contracts signed online have legal effect
in combination with the relevant provisions of the electronic signature law and the contract law, an effective electronic contract should meet the following conditions:
1. The original of the data message can reliably keep the content complete and tamper proof, and meet the original form and document preservation requirements stipulated by the law
2. Electronic signature, which can identify the signer and signing time, is tamper proof and meets the requirements of effective electronic signature stipulated by law
3. The identity has been effectively authenticated by a third party and meets the authentication requirements specified by law
however, because the process of realizing the above conditions for ordinary individual or enterprise users is cumbersome and costly, which is contrary to the original intention of increasing the speed and reducing the cost of electronic signing, ordinary users only need to choose a reliable third-party electronic contract signing system to sign an effective electronic contract. This is also in line with the provisions of the Ministry of Commerce in the specification for online conclusion process of electronic contract: “the fairness of the process and the effectiveness of the results can be guaranteed only by concluding electronic contracts in the electronic contract conclusion system of a third party (electronic contract service provider)”.

electronic contract is a form of contract signing recognized by law. An electronic contract loaded with reliable electronic signature, third-party time taking service, tamper proof and other technologies has the same legal effect as a paper contract. However, it is important to select reliable electronic signature, standard signing process, tamper proof timestamp and storage of key information. Therefore, it is recommended to select a guaranteed and qualified third-party electronic contract platform, such as Zhongxin signature

Articles 10 and 11 of the electronic signature law of the people’s Republic of China clearly stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal , which legally confirms the legitimacy of an electronic contract

What are the conditions for a reliable electronic signature

1. When the electronic signature creation data is used for electronic signature, it is exclusive to the electronic signer

2. When signing, the electronic signature creation data is only controlled by the electronic signer

3. Any changes to the electronic signature after signing can be found

4 Any change to the content and form of the data message after signing can be found

the above four conditions can be summarized as “true identity, true will, unchanged signature and unchanged original text”

as long as the content of the contract is not illegal, the standard terms of the Contract comply with the provisions of the contract law and are the result of consensus between both parties. The contract is valid.

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